Mulroy and Percell

This matter came before Johnston J concerning orders made on 15 June 2016, which were subsequently varied by orders made on 18 July 2016. The applicant, Mr Percell, sought to vary an existing order restraining him from permitting any other person or entity to act for him on the sale of a specified property, other than D Lawyers. The respondent, Ms Mulroy, sought to discharge another order.

The court was required to determine whether to vary the existing restraint order to permit compliance with the orders made on 18 July 2016, and whether to discharge an order sought by the respondent. The court also considered and made orders regarding the payment of a capital sum and interest, the appointment of the applicant as Trustee for Sale in default of payment, the withdrawal of caveats, and the surrender of vacant possession of the property.

Johnston J varied the order of 15 June 2016 by adding an exception for the purpose of complying with the orders of 18 July 2016, thereby allowing Mr Percell to engage other parties for that specific purpose. The court also discharged Order 3 of the 15 June 2016 orders. Furthermore, the court made detailed orders concerning the payment of $140,000 plus interest by the respondent to the applicant. In the event of non-payment, the applicant was appointed Trustee for Sale of the property and authorised to take all necessary steps for its sale, with Mr Percell ordered to rescind any existing sale contract. The orders also stipulated the withdrawal of caveats upon payment and the surrender of vacant possession within 28 days of payment. Costs were reserved.